Quiz: Private Property Rights: Check Your Property Rights IQ

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Quiz

Private Property Rights:
Check Your Property Rights IQ
By Judon Fambrough

The Endangered Species Act heightened the Texas debate concerning private property rights. The debate prompted passage of the Texas Private Real Property Rights Preservation Act of 1995 (the act) found in Chapter 2007 of the Texas Government Code. While the act does not affect existing federal law, it exacts compensation for landowners when their property is reduced by 25 percent or more in value from a regulatory change. The Real Estate Center reports "Real Property Preservation" and "Private Property: How Private Is It?" contain an overview of the act and eight occasions when a private citizen may enter the property of another. The following questions are taken from the publications.

If a cemetery is found on your property, you must allow the relatives visitation rights to decorate and protect the graves.
True False
If you are entitled to compensation under the act, you must sue within one year after you know or should have known of the legislation.
True False
If you have a stream on your land, the public automatically has the right to travel up and down the stream bed.
True False
If another landowner has the right to cross your land by virtue of an easement by necessity, that landowner, the dominant estate owner, has the right to select the route.
True False
If you are unsuccessful in your suit against the state, under the act you must pay the government’s attorney fees as well as your own.
True False
You are entitled to compensation under the act if a city ordinance reduces the value of your land by 25 percent or more.
True False
If an airplane is forced to make an emergency landing on your property, the crew cannot be charged with trespass but can be held liable for all surface damages.
True False
The amount by which a state law reduces the value of land under the act is decided by a jury (trier of fact), not a judge.
True False
If the act reduces part, but not all, of a tract by 25 percent or more, the landowner is not entitled to compensation.
True False
Under federal law, a landowner is entitled to compensation when a rule or regulation reduces the value of land by 75 percent.
True False

For an explanation to all answers, click here.

Fambrough is an attorney, member of the State Bar of Texas and senior lecturer with the Real Estate Center at Texas A&M University.

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